Federalist Papers – Essay #83

In Essay #83, The Judiciary Continued in Relation to Trial by Jury, Alexander Hamilton wraps up his discussion of the judiciary by addressing concerns over the absence of a specific constitutional provision for trial by jury in civil cases. As he explains, this is rooted in one of the core principles of constitutional theory: the […]

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Federalist Papers – Essay #82

In Essay #82,The Judiciary Continued, Alexander Hamilton addresses the concern about conflicts arising from the existence of federal and state courts – the “doctrine of concurrent jurisdiction,” i.e., which courts have primary jurisdiction, and how appeals should be made from lower courts to higher. He is explaining the passage in the Constitution that states, “The […]

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Federalist Papers – Essay #81

In Essay #81, The Judiciary Continued, and the Distribution of the Judicial Authority, Alexander Hamilton describes the separation of judicial authority among the different types of courts and the relationship between these courts. Article 3, Section 1, of the Constitution states, “The judicial power of the United States is to be vested in one supreme […]

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Federalist Papers – Essay #80

In Essay #80, The Powers of the Judiciary, Alexander Hamilton presents five principles of judicial authority and then shows how the proposed Constitution conforms to them. He describes the six kinds of cases over which there should be jurisdiction: Cases that relate to federallaws, Cases that relate to the USConstitution, Cases that involve the USgovernment […]

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Federalist Papers – Essay #79

In Essay #79, The Judiciary Department Continued, Alexander Hamilton aims at reassuring people that age is not a factor in the judiciary and that appropriate compensation for judges – in addition to lifetime appointments – will diminish the possibility of corruption and/or abuse. Specifically, he writes: “NEXT to permanency in office, nothing can contribute more […]

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